5 Best Reasons to Choose Mediation vs. Going to Court

In legal disputes, the choice between mediation and litigation can significantly impact the outcome, costs, and emotional toll on all parties involved. This post will explore the 5 best reasons to choose mediation over going to court in the Canadian legal system.

What Is Mediation?

Mediation is a voluntary and confidential dispute resolution process in which a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties. The mediator's role is to help the parties reach a mutually acceptable agreement, but they do not make binding decisions like judges do in court.

1.  Lower Cost of Mediation Vs. Trial

One of the primary reasons lawyers in Canada choose mediation is cost-effectiveness. Litigation can be an expensive endeavor, involving legal fees, court fees, expert witness costs, and more. Mediation typically costs less because it often requires fewer billable hours for lawyers and avoids the significant expenses associated with court trials.

In mediation, the parties share the cost of the mediator's fees, making it more economical for everyone involved. Additionally, mediation can be completed more quickly than court proceedings, further reducing legal fees. And, if you have a good mediator, there is a chance you will be further ahead in settlement value than if you go to court - in my case that was true.

2. Faster Resolution with Mediation

Court cases can drag on for months or even years, causing considerable stress and uncertainty for the parties. Mediation, on the other hand, often leads to a faster resolution. Lawyers recognize that this expediency can be especially beneficial when dealing with family law matters, employment disputes, or business conflicts.

3. Greater Control and Flexibility

In a court case, a judge makes binding decisions that both parties must adhere to. In contrast, mediation allows parties to have more control over the outcome. Lawyers understand that this can lead to more creative and tailored solutions that meet the unique needs and interests of their clients.

Mediation also offers flexibility in scheduling, allowing parties to choose convenient meeting times and locations. This flexibility can be particularly valuable in cases where parties have busy schedules or where privacy and confidentiality are priorities.